Fogle v. Southern Ry.
Supreme Court of South Carolina
Before Wilson, J., Bamberg, fall term, 1908. Action by J. J. Fogle against Southern Ry. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the Circuit Judge erred in charging the jury as follows: Tt is for you to say whether or not those are the facts or not; whether the railroad company was requested to ship them or not, and whether the office was open or closed; and if you find that those are the facts, what amount of damages has the…
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Before Wilson, J., Bamberg, fall term, 1908. Action by J. J. Fogle against Southern Ry. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the Circuit Judge erred in charging the jury as follows: Tt is for you to say whether or not those are the facts or not; whether the railroad company was requested to ship them or not, and whether the office was open or closed; and if you find that those are the facts, what amount of damages has the plaintiff sustained, if you find that he has sustained any at all?’ (a) It being respectfully submitted that the language…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to have been sustained by the plaintiff through the negligence and wantonness of the defendant in failing and refusing to issue a bill of láding for the shipment of a carload of melons, valued at $75.
The jury rendered a verdict in favor of the plaintiff for $150; and the defendant appealed upon exceptions, which will be incorporated in the report of the case and considered in regular order.
First exception.
1 When the portion of the charge, set out in the exception, is considered in connection with…
2Cited by3 opinions
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
- McIntyre v. United Five Cent & Ten Cent Stores, Inc.Supreme Court of South Carolina · 1934
- Hooper by Guardian v. HuttoSupreme Court of South Carolina · 1931